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Home My WebLink AboutCC RES 25-21Docusign Envelope ID: OC7664ED-2DA8-48A2-A93C-945164D0610E RESOLUTION NO. 25-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN DECLARING ITS INTENTION TO VACATE A PORTION OF AUTO CENTER DRIVE WHEREAS, the property owners of Tustin Lexus at 45 Auto Center Drive (Group 1 Realty, Inc.) and of Tustin Cadillac at 50 Auto Center Drive (NGO Real Estate Holdings, LLC) has submitted an application requesting that the City of Tustin vacate 12 feet of right-of-way cul-de-sac in front of each of their respective properties; and WHEREAS, the City of Tustin desires to vacate that portion of Auto Center Drive, more particularly described in Exhibit A attached hereto and incorporated herein and hereafter referred to as the "area to be vacated," consisting of a map of the area and legal description; and WHEREAS, the City Engineer has reported to this Council that the area to be vacated is surplus and is not important to the transportation needs of the City; and WHEREAS, the City is authorized to vacate all or part of a public street within the City pursuant to the Public Street, Highways and Service Vacation Easements law (State of California Streets and Highways Code, Section 8300 et seq.); WHEREAS, Section 8340(c) of the State of California Streets and Highways Code requires that unless public convenience and necessity require otherwise, the City must reserve and except from the vacation any easement and right necessary to maintain, operate, replace, remove and renew public utility facilities; and WHEREAS, the Irvine Ranch Water District (IRWD) owns and operates a water main within or adjacent to the area to be vacated; and WHEREAS, the existing utility easements for IRWD and the City of Tustin within the fee parcel will be amended to retain access to existing in -ground utilities within the proposed area to be vacated; and WHEREAS, no other public utilities or public facilities are known to the City Engineer to exist within the area to be vacated; and WHEREAS, the City parcels (Exhibit A, Parcels A and B) are not needed for future street right-of-way and Auto Center Drive currently exceeds the 40-foot radius cul-de-sac required; and WHEREAS, the excess right-of-way being vacated has been found by the Tustin Public Works Department to be unnecessary for any present or future motorist and non - motorist and is a public benefit as it eliminates maintenance costs and liabilities imposed on the City associated with the excess right-of-way area; and Resolution 25-21 Page 1 of 3 Docusign Envelope ID: OC7664ED-2DA8-48A2-A93C-945164D0610E WHEREAS, That the excess right-of-way will be purchased by the respective owners of 45 and 50 Auto Center Drive. WHEREAS, at its October 14, 2025 meeting, the Planning Commission of the City of Tustin adopted Planning Commission Resolution 4513 finding the proposed vacation satisfied the required findings for a street vacation as set forth by the State of California Streets and Highways Code and voted (3-0-1) to recommend approval to the City Council. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Tustin does hereby resolve as follows: Section 1. The foregoing recitals are true and correct and are incorporated by reference herein. Section 2. It is the intention of the City Council to vacate and abandon that portion of Auto Center Drive described in Exhibit A, attached. Section 3. It is the intention of the City Council to find that the 12 foot -wide portion of the Auto Center Drive right-of-way adjacent to the property at 45 Auto Center Drive is unnecessary for present or prospective public street purposes. Section 4. It is the intention of the City Council to reserve easements pursuant to Section 8340 of the California Streets and Highways Code. Section 5. The City Council intends to find that this vacation action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 1531 (Existing Facilities) and 15061(b)(e) (General Rule) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical changes to the environment, directly, or indirectly. Section 6. The City Council hereby sets a public hearing to be held on December 2, 2025 at 6:00 p.m. in the Council Chambers of the City Council located at 300 Centennial Way, Tustin, California, 92780. At this hearing, all interested persons may introduce evidence and testimony pertaining to the proposed vacation. At the conclusion of the hearing, the City Council shall determine, from all evidence submitted, whether or not the proposed vacation is in the public interest. Section 7. The City Clerk is hereby directed to publish this resolution, providing notice of said hearing to the public, for at least two successive weeks prior to said hearing, as required by California Streets and Highways Code Section 8322. Section 8. The Director of Public Works for the City of Tustin, or his designee, is hereby directed to conspicuously post notices of the public hearing along the street proposed to be vacated at least two weeks before the date set for the hearing, in conformity with and in the manner provided by California Streets and Highways Code Section 8323. Resolution 25-21 Page 2 of 3 Docusign Envelope ID: OC7664ED-2DA8-48A2-A93C-945164D0610E APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Tustin on the 4th day of November 2025. Signed by: AUSIMi MARD, Mayor ATTEST: DS Signed by: C. q-w- ERI'AN.OYASTJDA, City Clerk APPROVED AS TO FORM: DOCUS'gned by: DA\-rV8rF3K IG, City Attorney /MSD/ STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) I, Erica N. Yasuda, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council is five; that the above and foregoing Resolution No. 25-21 was duly and regularly passed and adopted at a regular meeting of the City Council held on the 4th day of November, 2025 by the following vote: COUNCILMEMBER AYES: Lumbard, Nielsen, Gallagher, Schnell, Fink (5) COUNCILMEMBER NOES: (0) COUNCILMEMBER ABSTAINED: (0) COUNCILMEMBER ABSENT: (0) COUNCILMEMBER RECUSED: (0) Signed by: Ds ERitAN11TA8TJDA, City Clerk Resolution 25-21 Page 3 of 3 Docusign Envelope ID: OC7664ED-2DA8-48A2-A93C-945164DO610E DATE: 1 /17/2023 J.C.A. J.N. 20-2441 1 O SOUTHWESTERLY CORNER OF LOT 1 TRACT NO. 13834 RADIAL BEARNNGS 10 - N40°39'21 "E 02 - N53-11'49"E N53°36'21 "E NORTHWESTERL CORNER OF LO 2 TRACT No. 1383 00 EXHIBIT "BI SHEET 1 OF 1 P.O.B. PARCEL A q��f CITY OF TUSTIN s s. AUTO CENTER DRVE STREET VACATION °o. SKETCH TO ACCOMPANY LEGAL DESCRIPTION -57 S THWESTERLY 3 LINE'\OF LOT 1 bO T.P.O.B. PARCEL A Q9 67 O.B. PARCEL B \ R=1 165 00' 20' s0 10' 0 20' �s °' o .sass o =123222" SCALE: 1" = 20' L=254.97' \ 'L T.P.O.B. PARCEL B 261. s� o °so 9 NORTHEASTERLY LINE OF LOT 2 CA LAND �c9 R \s Exp.12 31 23 J� NO. 8239 \P 9TF OF CAS-\F�� `moo p0 PROPOSED 5' IRWD SEWER & WATER EASEMENT EXISTING IRWD EASEMENT RESERVATION rPER TRACT 13834 O EXISTING IRWD TO BE QUITCLAIM EASEMENT PER TRACT 13834 \ ��TO BE QUITCLAIM RDL. o°o. N89'54'43"W— �= PROPOSED 12.00' 5' IRWD SEWER &WATER EASEMENT RESERVATION OUTHERLY CORNER F LOT 1 TRACT Q. ,13834 LEGEND POINT "A" ®DENOTES AREA OF STREET VACATION DENOTES AREA OF EASEMENT TO BE QUITCLAIMED BY IRWD DENOTES AREA OF STORM DRAIN F7771EASEMENT RESERVATION TO CITY O, T.P.O.B. TRUE POINT OF BEGINNING P.O.B. POINT OF BEGINNING N27°58'56"W 12.12' A=16T11'35" DANIEL RUBIO, P.L.S. 8239 DATE EXPIRES: 12/31 /23 PARCEL B EXISTING IRWD EASEMENT PER _ TRACT 13834 TO BE QUITCLAIM